April 10, 2012

Family Law: $40,000 Section 271 Sanctions Award Against Husband Was No Abuse of Discretion

Payout to Wife at $750/Month Was Reasonable.

Husband was found by a family law judge to have withdrawn community funds without wife’s consent, rented out a family home unilaterally, ignored income and expense declaration filing deadlines, was dilatory during the discovery process, and presented a disorganized trial brief that prolonged the trial. As a result, the family law judge awarded wife $40,000 in fees as sanctions under Family Code section 271 (a fee-shifting section that punishes uncooperative/litigation prolonging behavior), with the amount being ordered paid out in monthly $750 installments.

The record certainly contained conduct justifying the award under section 271. Husband claimed poverty, but the family law judge properly fashioned an installment payout that segued in with the equity husband had in some assets and with his $3,742 monthly income admission.

“She might be angry now, for all he knew. He concluded to let well enough alone.” George Hand Wright, artist. 1918? Library of Congress.